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28 Apr 2022, 8:45 am
[Six decades ago, a young Stephen Breyer clerked for Justice Goldberg on a very, very different Supreme Court. ] Today the Supreme Court decided Cummings v. [read post]
3 May 2022, 8:49 am
[What should SCOTUS do when everyone already knows the outcome of a case?] [read post]
10 Feb 2021, 12:43 pm
[The government argues that Section 5000A(a) is constitutional, and in the alternative, Section 5000A(a) can be severed from the rest of the ACA] Last week, I wrote about the possibility of the Biden Administration withdrawing the Trump Administration's brief in California v. [read post]
25 May 2021, 4:01 pm
[This trend towards legal newspeak troubles me. [read post]
2 Jul 2021, 2:49 pm
[Justices Thomas, Alito, and Gorsuch put public pressure on Justices Kavanaugh and Barrett.] [read post]
18 Nov 2021, 9:43 pm
["The reasoning [of the Committee's opinion] is so tortured and inexplicable it is hard to imagine that any Article III judge could have written it. [read post]
24 Jun 2022, 3:45 pm
["Dobbs, which is a triumph for originalism and sound constitutional law, also signals that the court is infused with judicial fortitude. [read post]
18 May 2021, 2:22 pm
[Step 1: File notice of removal. [read post]
2 Dec 2021, 1:31 pm
[If she is so worried about the Court's politicization, she wouldn't expend so much effort to call her colleagues partisans.] [read post]
17 Jan 2022, 4:00 am
Frontiero v. [read post]
12 Mar 2020, 10:14 am
[CJ Roberts: According to the Plaintiffs' theory, the President could not "suspend entry from particular foreign states in response to an epidemic confined to a single region"] Yesterday, President Trump issued a travel ban from the twenty-six European nations that make up the "Schengen Area. [read post]
24 Mar 2020, 9:11 am
["I was just steamrolled by my faculty on this — almost everyone but me joined the copy HARVARD-STANFORD train. [read post]
24 Nov 2020, 1:49 pm
[Lawrence, Windsor, Obergefell] Class 28: Modern Substantive Due Process III: Protecting "Dignity" Lawrence v. [read post]
6 Jan 2020, 6:08 pm
[Sen. [read post]
25 Mar 2022, 9:08 pm
[In Houston Community College v. [read post]
23 Apr 2021, 2:57 pm
[I'm looking at you Justice Kavanaugh.] [read post]
16 Feb 2023, 5:30 am
[No, it was not Dobbs or Bruen.] [read post]
6 Oct 2020, 8:24 pm
[Rather than imposing restrictions on high-density zip codes, New York will draw red lines (literally) around "clusters" in Orthodox Jewish neighborhoods.] [read post]
30 Nov 2020, 10:38 am
[James Phillips and I are working on an article about circuit judges who strategically time their taking of senior status.] [read post]
18 Dec 2020, 11:20 am
[The majority suggested that preventing the Secretary of Commerce from informing the President about census data could "implicate" the Opinions Clause] Today, the Supreme Court decided Trump v. [read post]
